Spradlin v. Inez Deposit Bank

92 F. App'x 129
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 22, 2003
DocketNo. 02-5623
StatusPublished
Cited by10 cases

This text of 92 F. App'x 129 (Spradlin v. Inez Deposit Bank) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spradlin v. Inez Deposit Bank, 92 F. App'x 129 (6th Cir. 2003).

Opinion

DAVID A. NELSON, Circuit Judge.

This bankruptcy appeal presents a question as to the voidability of a residential mortgage that is claimed by the trustee in bankruptcy to constitute a preference under 11 U.S.C. § 547. The mortgage in question secures a loan some of the proceeds of which were used by the debtor to purchase his ex-wife’s marital interest in the residence and the remainder of which were used to repay the balance owed the mortgagee under an earlier mortgage on the property.

To be voidable under § 547(b), the transfer of a debtor’s property interest must, among other things, be on account of an antecedent debt and must increase the transferee’s share of the bankruptcy estate. Here, to the extent that the loan proceeds went to the ex-wife, we conclude that the transfer of the mortgage interest was not made on account of an antecedent debt. For one thing, the transfer was “made,” within the meaning of § 547, on the same day that the debt was incurred— i.e., the day on which the bank disbursed funds to the ex-wife. To the extent that the loan proceeds were used to pay the balance due on the original loan, on the other hand, we believe that the mortgage transfer probably was made on account of an antecedent debt. But the transfer did not improve the bank’s position, as the original loan was itself secured by a mortgage that the bank held on the property. The district court’s order reversing a grant of summary judgment to the bankruptcy trustee will therefore be affirmed.

I

The facts of this case are undisputed. In 1996 Brian Lowe borrowed $21,410 from Inez Deposit Bank for the purchase of a residence. He gave the bank a mortgage as security for the loan. Mr. Lowe later married, and, under Kentucky law, his wife had a one-half interest in the property.

The marriage ended in divorce four years later, and Mr. Lowe agreed to buy back his wife’s one-half interest for $12,500. Mr. Lowe refinanced his mortgage to raise this sum, taking out a new loan from Inez Deposit Bank in the amount of $25,915. He signed a promissory note and executed a new mortgage in favor of the bank on June 30, 2000.

Under federal regulations requiring lenders to make certain disclosures at least three business days before the consummation of a home mortgage transaction, and because of the intervention of a weekend and the Fourth of July holiday, Mr. Lowe was entitled to cancel the transaction any time before midnight on July 5, 2000. See 12 C.F.R. § 226.31(c)(1) (“Regulation Z”). He did not exercise this cancellation right. Accordingly, on July 6, 2000, the bank issued a check for $12,500 to Lowe’s former wife, whereupon she executed a quit[131]*131claim deed in favor of Lowe. The bank recorded its new mortgage on July 13, 2000, and on July 14 it used the remaining proceeds of the new loan, less certain fees and costs, to pay off the $12,673.52 balance of the original loan.

In August of 2000 Mr. Lowe filed a Chapter 7 bankruptcy petition. Some months later the trustee for the bankruptcy estate commenced the present adversary proceeding against Lowe and Inez Deposit Bank, seeking avoidance of the new mortgage as a preferential transfer. The trustee subsequently moved for summary judgment, and the bankruptcy court granted the motion. The court held that the 2000 mortgage transfer was voidable under 11 U.S.C. § 547(b) because it was made on account of an “antecedent debt”— i.e., a debt that was owed prior to the transfer. Central to this holding was an assumption that the mortgage transfer took effect on June 30, 2000, the date on which Mr. Lowe executed and delivered the mortgage papers to the bank.

After unsuccessfully moving to alter or amend the bankruptcy court’s judgment, the bank appealed to the district court. That court reversed on the basis of an exception to § 547(b) that had not been addressed by the bankruptcy court. The district court held that the new mortgage secured an “enabling,” or purchase-money, loan and was therefore excepted from avoidance under 11 U.S.C. § 547(c)(3). The trustee filed a timely appeal.

II

We must review the decision of the bankruptcy court directly, giving no deference to the district court’s views. See, e.g., In re Cannon, 277 F.3d 838, 849 (6th Cir.2002). We apply the “clearly erroneous” standard to the bankruptcy court’s findings of fact and the “de novo” standard to its conclusions of law. Id.

The elements of a voidable preference are set forth in § 547(b) of the bankruptcy code. In relevant part, that section provides as follows:

“Except as provided in subsection (c) of this section, the trustee may avoid any transfer of an interest of the debtor in property-
(1) to or for the benefit of a creditor;
(2) for or on account of an antecedent debt owed by the debtor before such transfer was made;
(3) made while the debtor was insolvent;
(4) made ... on or within 90 days before the date of the filing of the [bankruptcy] petition; ... and
(5) that enables such creditor to receive more than such creditor would receive if ... the case were a case under chapter 7 of this title; ... the transfer had not been made; and ... such creditor received payment of such debt to the extent provided by the provisions of this title.” 11 U.S.C. § 547(b).

“All five elements are prerequisites to the finding of a voidable preference.” In re Arnett, 731 F.2d 358, 360 (6th Cir.1984).

In the case at bar it is clear that Mr. Lowe’s transfer of the mortgage interest in the year 2000 was for the benefit of a creditor, the bank; that the transfer was made while Lowe was insolvent; and that it was made less than 90 days before Lowe filed for bankruptcy. It is less clear, however, whether the mortgage transfer was “for or on account of an antecedent debt owed by the debtor before such transfer was made.” 11 U.S.C. § 547(b)(2).

To answer that question we must first determine when the mortgage transfer “was made” within the meaning of § 547(b)(2). Under § 547(e)(2), the time [132]*132at which a transfer is made depends on the number of days separating “the time such transfer takes effect between the transfer- or and the transferee” and “the time such transfer is perfected.” 11 U.S.C. § 547(e)(2). If perfection occurs 10 or fewer days after the transfer takes effect, then the transfer is “made” at the time it takes effect. See id. If, on the other hand, perfection occurs more than 10 days after the transfer takes effect, then the transfer is “made” at the time of perfection. See id.

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Bluebook (online)
92 F. App'x 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spradlin-v-inez-deposit-bank-ca6-2003.